| Business mode is the core competence of the modern corporation.Traditional business mode is always considered as the abstract ideas of non-patent object,which can not get the protection from patent system,but if combine the development of business mode with internet technology,Computer software technology and other new technology,the problems that whether or not business mode could be protected by patent and how to protect the business mode by patent will arise.Nowadays,the business mode can not get sufficient protection from existing judicial practice and although the Guidebook For Patent Examination which is revised in 2017,stipulate that the business mode can be protected by patent for the first time and the stipulation is a firm step for China in the field of business mode patent protection,there are many problems in the business mode yet,such as,controversial in law field,uncertain law application and unspecified examination standard.This paper discuss the patent-ability of business mode and the elements of patent protection mainly from four aspect.The first part summarizes the definition of business mode by analyzing the connection and difference between business mode and business method,new business model and traditional business mode;the second part will talk about the defect and limitation without the patent protection combining judicial practice cases;the third part will combine the American business mode and law-practice to justify the practice foundation and theory of law that business need to be protect by patent protection;the forth part will propose two-step examine way----procedural elements and essential elements of business mode patent examination and propose the corresponding examination standard through learning the traditional patent and foreign advanced experiences. |
